Wasco Municipal Code Ch. 13.18 Southside Infrastructure Sewer Facility Fee

Sections: 13.18.010 Application and definitions. 13.18.020 Findings. 13.18.030 Payment of fee required when. 13.18.040 Amount of fees. 13.18.050 Disposition of development fees. 13.18.060 Annual review. 13.18.070 Repeal of inconsistent prior actions. 13.18.080 Right of appeal to city council.

The fee established by this chapter shall apply to an applicant for approval of any "development project" which is to be constructed on the "benefited properties", as those terms are defined in this section. The city council has determined that certain properties which are within the city limits as well as certain other properties which are not yet within the city limits but which are within the city’s sphere of influence, are benefited by the improvements described in this chapter. The fees established by this chapter shall apply to any approval of any development project to be built on any of the benefited properties, so defined, whether or not the owners at the time of the application for approval of the development project are the current owners of the benefited property upon which the development project is to be built.

A. "AD 93-1" and "AD 91-2". A portion of the cost of the construction of the Southside Infrastructure Project Improvements was paid by means of the proceeds of the sale of Wasco Assessment District 1991-2 limited obligation improvement bonds and another portion was paid by means of the proceeds of the sale of Wasco Assessment District 1993-1 limited obligation improvement bonds, which are hereinafter referred to as AD 91-2 and AD 93-1, respectively.

B. "Benefited properties" means each of the parcels which, on the effective date of the ordinance codified in this chapter, bears one or more of the following assessor’s parcel numbers:

490-010-11-00-8 (POR) 490-020-10-00-8

490-010-09-00-3 490-020-11-00-1

488-020-08-00-6 489-020-01-00-2

488-020-09-00-9 489-020-02-00-5

488-050-01-00-4 489-020-03-00-8

488-050-02-00-7 489-020-04-00-1

488-050-03-00-0 489-020-06-00-7

488-050-05-00-6 489-020-07-00-0

488-050-06-00-9 489-020-08-00-3

488-050-07-00-2 489-020-09-00-6

488-050-08-00-5 489-020-10-00-8

488-050-09-00-8 489-020-11-00-1

490-010-01-00-9 489-020-13-00-7

490-010-02-00-2 489-020-14-00-0

490-010-03-00-5 489-020-16-00-6

490-020-01-00-2 489-020-17-01-8

490-020-02-00-5 071-060-05-00-1

490-020-03-00-8 071-123-03-00-2 (POR)

490-020-04-00-1 071-120-14-00-1

490-020-07-00-0 072-120-15-00-0

490-020-08-00-3 072-170-01-00-8 (POR)

Lands in AD 93-1 and AD 91-2 which hereafter develop at a level of intensity of development greater than was projected in the engineer’s report for their respective assessment district, are also in the definition of "benefited properties" to the extent, but only to the extent that they develop at a level of intensity of use which is greater than paid for by means of the assessment district process. Lands in one or the other of the two assessment districts, which were assessed but whose assessments were deferred by the city are also included in the definition of "benefited properties" whether or not they are listed by assessor’s parcel number above.

C. "Development project" means zone change, general plan amendment, approval of a parcel map, site plan or tentative subdivision map or issuance of a building permit for land which includes any part or parcel of the benefited properties or any of them, as determined by the resolution of the council which sets the rate for the fees established by this chapter.

D. "Engineering study" means that certain document entitled "Engineering Study - City of Wasco Southside Zone of Benefit Southside Infrastructure Improvements" prepared for the City by QUAD Engineering, Inc. and lodged with the City Clerk on or before Friday, December 6, 1996.

E. "Southside infrastructure project" means the public improvements which included sewer mains and other related improvements, which benefit the Southside Infrastructure Project Area and which are more fully described in the engineering study.

F. "Southside Infrastructure Project Area" means all of the benefited properties listed herein. (Ord. 415 §1, 1997).

The city council creates and establishes a separate development impact fee for the Southside Infrastructure Project Area which shall be used to reimburse the costs incurred by the city for sanitary sewer improvements as described in the engineering study to serve the Southside Infrastructure Project Area.

A. The city council has already established and affirms its development facility fees for sewage treatment facilities and sewage collection facilities, were adopted by Ordinance 91-370 which are more fully set forth in Chapter 13.12 of Title 13 of this code. The development fees for the Southside Infrastructure Project Area established pursuant to this chapter are in addition to and not instead of the development facility fees already so established. For convenience, the Southside Infrastructure Project development fees established by this chapter shall, for the balance of this chapter, be referred to by the singular term, "the fee."

B. The purpose of the fee set forth in this chapter is to reimburse the city’s enterprise funds’ capital accounts for the costs incurred by the city in constructing the public Southside Infrastructure Project, (including but not limited to reimbursing the Wasco redevelopment agency for the six hundred sixty-five thousand dollars which it contributed to these accounts for these public improvements) and shall be used by the city in conformity with the limitations placed upon those accounts. A fair and just cost distribution between the benefited properties for each of these improvements would be to base the distribution upon the following criteria:

1. Based upon the land use designated for the property in the city’s general plan, and assuming build-out to

maximum capacity, the projected number of residential units per acre for residential property, assuming: (a) five residential units per acre for low-density residential property which would result in three hundred gallons of sewage per day, per unit, for an average daily flow of one thousand five hundred gallons per day per acre; and (b) sixteen residential units per acre for medium-density residential property which would result in two hundred fifty gallons per day per unit, for an average daily flow of four thousand gallons per day per acre;

2. For sewer, based upon the land use designated for the property in the city’s general plan, and assuming
build-out to maximum capacity, assuming: (a) for commercial property an average rate of flow of three
thousand five hundred ninety gallons per day per acre with a peak flow of six thousand four hundred sixty
gallons per day per acre; and (b) for industrial property an average rate of flow of four thousand eight
hundred fifty gallons per day per acre with a peak flow of nine thousand six hundred ninety-five gallons per
day per acre.

C. There is a reasonable relationship between the purpose of these fees and the benefited properties because the benefited properties will benefit from the public improvements and the development of the benefited properties would necessitate the construction of these public improvements at that time.

D. The size of the fees shall be determined by the council of the city by resolution. No such fee shall be set unless it is determined by the council to bear a reasonable relationship to the cost of the public facilities attributable to the development on which the fee is imposed. Each such resolution which set the amount of the fees shall identify the public improvement for which the fee is charged and the method of determining the amount of the fee. (Ord. 415 §1, 1997).

Each of the benefited properties shall be assessed for a proportional share of the costs to the city of constructing the public improvements. The proportion shall be determined by the council by resolution but shall be based on the level of benefit which the council determines is applicable to that parcel of benefited property compared to the level of benefit received by the other benefited properties. The level of benefit to a property may be higher for more intense uses, such that a fee for a single-family use on one property would be lower than a multifamily use on that same property. The city council may determine that each of the parcels are benefited equally from the public improvements, in which case the fraction shall be one divided by the total number of properties which are determined to be benefited properties. The fee shall be payable at the time of the application for approval of a development project on the benefited property as more fully identified in the resolution setting the amount of the fee. (Ord. 415 §1, 1997).

A. The fees set forth in this chapter shall be adjusted from time to time, but at least once every five years (or more frequently if required by changes in state law subsequent to the effective date of the ordinance codified in this chapter,) after a public hearing, subject to city council review and approval, to reflect changes in the project costs of construction, adjusted for inflation, less the cost of the improvements to serve the assessment district properties. The city council finds that there is a reasonable relationship between the amount of the fee set by resolution of the city council and the cost of the public facilities or portions thereof attributable to the development on which the fee is imposed. The basis for such determination is set out in reports to the city council from the city manager, the city planner and the city engineer and such consultants as the city council determines are necessary, if any, to develop accurate costs and fees to cover such costs.

B. The method for the determination of the amount of these fees for each parcel, based upon the factors set forth in Section 13.18.020(B), would be as follows: The costs would be spread proportionally based upon the land area served, based on the number of single-family residential equivalent dwelling units, (EDU). The service area would be based upon the design capacity of the sewer trunk line. Capacity would be assigned to each EDU based on the city’s design standard criteria at an average flow of three hundred gallons per residential unit per day multiplied by a peaking factor. The total number of EDU’s would be calculated by dividing the design capacity of the trunk line by the peak flow per EDU. The cost allocated to the benefited area would be the costs of the Southside Infrastructure Project sewer system improvements multiplied by the percentage of capacity remaining in the new trunk sewer line after subtracting the capacity attributable to the nonbenefited properties served. (Ord. 415 §1, 1997).

A. Pursuant to Government Code Section 66006, there is established a separate reserve account within the sewer enterprise account. Any fee paid pursuant to the provisions of this chapter shall be placed into the reserve account established for such fees and used solely for the purpose of implementation of the applicable public purpose for which the reserve account was established. All moneys in the reserve accounts established by this chapter shall be held separate and apart from other city funds. All interest or other earnings of each such reserve account shall be credited to that account.

B. All moneys and interest in the reserve account established by this chapter shall be expended on the implementation of the applicable public purpose for which the fee was established, in the following order of priority:

1. The reimbursement to the Wasco redevelopment agency for all direct and indirect costs incurred by the Wasco redevelopment agency for such implementation pursuant to this chapter, including but not limited to, the costs of right-of-way acquisition, planning, legal advice, engineering, design, construction and equipment, as well as the actual cost of construction of the subject improvements.

2. The reimbursement to the city for all direct and indirect costs incurred by the city, (not including that portion of the costs of the subject improvements which was paid by the proceeds of the sale of either the AD 91-2 or the AD 93-1 bonds, described earlier in this chapter) for such implementation pursuant to this chapter, including but not limited to, the costs of right-of-way acquisition, planning, legal advice, engineering, design, construction and equipment, as well as the actual cost of construction of the subject improvements.

3. The city shall use the balance of the funds so deposited into these special accounts (along with interest earnings thereon) for the costs of additional, future public facilities as specified in this chapter and only for the category of improvements for which the funds were deposited in that particular account.

C. If a fee paid by an owner or developer for a particular development has been retained by the city for five or more years, and city has not committed that fee to costs for public facilities, then the city council shall make findings describing the continuing need to retain the fee each fiscal year thereafter. The city council does not make such findings, then the city shall refund the collected fees as appropriate, along with the interest, if any, which those funds have generated since they were collected. (Ord. 415 §1, 1997).

A. Each year, during the budget review process, the city council shall review the status of compliance with this chapter and the degree to which fees collected pursuant to this chapter are mitigating the impacts of new industrial, commercial and residential development projects and new development entitlements.

B. For each of the accounts established by this chapter, the city shall, within sixty days after the close of each fiscal year, make available to the public all of the following information:

1. The beginning and ending balance for the fiscal year in that account;

2. The fee, interest and other income to that account for the fiscal year;

3. The amount of expenditure by line item category from that account during the fiscal year;

4. The amount of refunds made pursuant to Section 66001(e) of the Government Code out of that account during the fiscal year.

C. The city council shall review the information described in subsection B of this section at the next regularly scheduled public meeting of the council, not less than fifteen days after the information required by that subsection is made available to the public.

D. Five years after the effective date of the ordinance codified in this chapter, the city council shall consider a report by the city manager reviewing the fee formulae established to implement the provisions of this chapter to determine whether any adjustments in the fee formulae are warranted.

E. Once all of the benefited properties have developed and paid the fees associated with them have been paid, the city council shall determine whether there is any further need for this chapter. If there is none, the council may rescind the ordinance codified in this chapter and provide a final accounting of the reserve accounts created pursuant to the ordinance codified in this chapter. (Ord. 415 §1, 1997).

Any provision of previously adopted ordinances or resolutions of the city inconsistent with the provisions of this chapter, to the extent of such inconsistency and no further, is repealed or modified to the extent necessary to effect the provisions of this chapter. (Ord. 415 §1, 1997).

Any person subject to a fee required by this chapter may apply to the city council for a reduction, adjustment or waiver of that fee based upon the absence of a reasonable relationship between the impact of that person’s development project and the amount of the fee charged or the type of facilities to be provided. (Ord. 415 §1, 1997).